Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11996 of 2016 Arising Out of PS.Case No. -2 Year- 2016 Thana -MAHILA PS District- AURANGABAD ======================================================

1. Rakesh Kumar, son of Late Parmeshwar Dayal, resident of VillageKarma Khurd, Police Station- Daudnagar, District- Aurangabad at present Baijnath Bigha, Police Station- Town, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Kamlendra Pd. Singh For the Opposite Party/s : Mr. Ambika Bhagat (A.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 17-03-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 26.01.2016 on the allegation of gang rape on the victim but when the statement of victim was recorded under section 164 of the Cr.P.C., she completely denied the story of gang rape and she had nowhere stated the name of the petitioner in her statement recorded under Section 164 of the Cr.P.C., rather she stated that she had gone to see temple along with co-accused Nanhaka and while they were standing near the tree, the local people caught them and pressurized the victim to lodge false case.

Considering the aforesaid statement of victim as well

Patna High Court Cr.Misc. No.11996 of 2016 (2) dt.17-03-2016 2/2 as submissions of the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, POCSO Act, Aurangabad in connection with Mahila P.S.Case No. 2 of 2016.

(Hemant Kumar Srivastava, J) N.K/- U T